CCR-1 District Files Lawsuit
By Mike Scott
The Clark County R-1 School District has filed a lawsuit against Shoemaker Consulting Engineers, dba Shoemaker and Haaland Professional Engineers of Coralville, Iowa. The district is seeking an amount exceeding $449,995.04 in damages in connection with engineering work performed between 2004 and 2006.
In its suit, file October 13 in the Circuit Court of Clark County, the district outlines two counts in its complaint. The first is for Breach of Contract, claiming that in 2004, through their assigned agent, Gerald Moughler, Shoemaker Haaland agreed to provide professional engineering services to the district for the replacement of heating boilers at Running Fox Elementary and Black Hawk Elementary Schools.
In 2005, the district entered into an agreement for Shoemaker Haaland to provide additional engineering services relating to ventilating systems at Black Hawk and Running Fox.
In May, 2006, the district agreed to have Shoemaker Haaland provide engineering services with respect to replacing the HVAC unit at Black Hawk.
By August, 20036, the replacement boiler system and ventilation systems had begun malfunctioning. Moughler appeared before the school board to discuss the electrical capacity needs of the elementary schools to support the new room ventilators.
After that meeting, the district sought the services of an independent expert to analyze the problems being experienced by the various systems designed by Shoemaker Haaland. After receiving the independent report, the district made the demand that Shoemaker Haaland correct the defective work. To date, Shoemaker Haaland refused to pay for corrective work or remedial measures to correct the problems.
The suit list several deficiencies in the systems designs, including but not limited to:
-Failure to communicate the scope of the work to the contractor.
-Failure to provide adequate design documents.
-Failure to consider changes in the Building Code for ventilation rates.
-Several other allegations concerning the boiler pipes, pumps, and electrical needs.
As a result of these problems, the school district incurred expenses of $449,995.04 to repair, retrofit and complete necessary upgrades of the redesigned boiler system, heating system and ventilation system.
In the second count of its complaint, the CCR-1 School District alleges Negligence by Shoemaker Haaland, stating that they did not:
-Follow the highest professional standards.
-Familiarize themselves with the progress and quality of the work.
-Determine for the District’s benefit that work was proceeding according to the intent of th contract.
-Use reasonable care to guard the district against defects and deficiencies.
-Prepare detailed drawings and specifications for the boiler systems.
-Provided services made necessary by the defects and deficiencies in the work of the contactors
The CCR-1 District is represented By Tueth, Keeney, Cooper, Mohan and Jackstadt, P.C. of St. Louis.